A highly informative examination of the early cases establishing the legal obligations incurred by a principal through the acts of an agent. Included are the formation of the relation of principal and agent, and the legal effect of the relation as between principal and agent, and as between the principal and agent to third parties.

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Ernest Wilson Huffcut, professor of law in the Cornell University Law School, was born in Kent, Litchfield county, Connecticut on November 21, 1860 and entered Cornell in 1880, graduating in 1884 with the degree of B.S. During the next year he acted as private secretary to President White, upon whose resignation, in 1885, he became instructor in English. This position he held three years, meantime studying law and graduating with the first class from the Law School in 1888. He practiced law for two years in Minneapolis, serving most of the time as judge advocate-general of the State. In 1890 he accepted the position of professor of law in Indiana University, and in 1892 in Northwestern University, Chicago. In 1893 he was called as professor of law at Cornell. He has been a frequent contributor to legal periodicals and periodicals devoted to political science. On the appointment of ex-President White as minister to Russia, Mr. Huffcut was strongly urged for the position of secretary of legation, but owing to his engagement with Northwestern University Law School was obliged to withdraw his name from consideration. He died in 1907.

INTRODUCTION

Chapter I. Preliminary Topics

1-2.

The General Doctrines of Representation

1

3.

Constituents and Representative

4

4.

Distinction between Agent and servant

6

5.

Definition of Agent

7

6.

Distinction between Agency and other Contractual Relations

8

7.

Classification of Agents

10

8.

Divisions of Subject of Agency

11

PART I. FORMATION OF THE
RELATION OF PRINCIPAL AND AGENT

Chapter II. Formation of
the Relation by Agreement

10.

Elements of Agreement

14

1. Agency by Contract

11.

Elements of Contract

14

12.

Forms of Agreement

15

13.

Consideration

16

14.

Parties--Competency

17

15.

Infant Principal

17

16.

Insane Principal

18

17.

Married Women as Principals

20

18.

Corporations as Principals

21

19.

Partnerships as Principals

21

20.

Unincorporated Clubs as Principals

22

21.

Aliens as Principals

22

22.

Joint Principals

23

23.

Competency of Agents

23

24.

Joint Agents

24

25.

Sub-Agents

25

26.

Form of Contract

26

27.

Legality of Object

27

2. Gratuitous Agents

28.

As between Principal and Third Party

27

29.

As between Principal and Agent

28

Chapter III. Formation of the Relation by
Ratification

30.

Meaning of Ratification

29

1. Elements of Ratification

31.

Analysis

30

32.

Act in Behalf of Existing Principal

30

33.

Assent of Principal

31

34.

Assent may be Express or Implied

32

35.

Assent by Silence

34

36.

Assent must be in toto and Unconditional

35

37.

Assent must be free from Mistake or Fraud

36

38.

Assent: Has Third Party a Right to recede before Assent of
Principal

37

39.

Competency of Principal

38

40.

Form of Ratification

40

41.

Legality or Validity of Act: General Rule

41

42.

Same: Exceptions to Rule

41

43.

Same: converse of Rule

42

44.

Same: Ratification of Forgery

43

2. Legal Effects of
Ratification

45.

Ratification is Irrevocable

44

46.

Effect as between Principal and Third Party

44

47.

Effect as between Principal and Strangers

45

48.

Effect as between Principal and Agent

45

49.

Effect as between Agent and Third Party

46

Chapter IV. Formation of the Relation by Estoppel

50.

Agencies not resting on Assent

47

51.

Meaning of Estoppel

47

52.

Application to Law of Agency

48

53.

Limits of the Doctrine

49

Chapter V. Formation of the
Relation by Necessity

54.

General Doctrine of Contracts from Necessity

51

55.

Agency of Wife in Purchase of Necessaries

51

56.

Agency of Infant Child in Purchase of Necessaries

52

57.

Agency of Shipmaster

53

58.

Agency of Unpaid Vendor

53

59.

Other Illustrations

53

Chapter VI. Termination of
the Relation

60.

Ways in which Relations may be terminated

55

1. By Bilateral Act.

61.

By Terms of Original Agreement

55

62.

By Subsequent Agreement

55

2. By Unilateral Act.

63-68.

Revocation

56

69.

Renunciation

60

3. By Operation of Law.

70.

By Change affecting Subject-matter

61

71.

By Change in Condition of Parties

62

4. Irrevocable Agencies.

72.

Doctrine of Irrevocable Agencies

66

PART II. LEGAL EFFECT OF THE RELATION AS BETWEEN
PRINCIPAL AND AGENT

Chapter VII. Obligations of Principal to Agent

75-83.

Compensation of Agent

69

84.

Reimbursement of Agent

79

85.

Indemnity to Agent

80

86.

Non-assignability of Obligations

81

Chapter VIII. Obligations
of Agent to Principal

1. Agents by Contract

88.

Obedience

82

89.

Prudence

83

90.

Good Faith

84

91.

Accounting

86

92-95.

Acting in Person: Appointment of Sub-Agents

89

96.

Del Credere Agents

94

2. Gratuitous Agents.

97.

Obligations of Gratuitous Agents

95

98.

Gratuitous Bank Directors

97

PART III. LEGAL EFFECT OF
THE RELATION AS BETWEEN THE PRINCIPAL AND THIRD PARTIES.

Chapter IX. Contract of
Agent in Behalf of a Disclosed Principal

1. In Agencies Generally

101.

Contracts actually authorized

100

102.

Contracts apparently authorised

101

103.

Apparent Scope of Authority

102

104.

Same: General and Special Agents

103

105.

Same: Public Agents

105

106.

Same: Elements of Authority

106

107.

Same: Illustrations

110

108.

Contracts unauthorized

113

109.

Contracts voidable

113

2. In Particular Agencies

111.

Factors

115

112.

Brokers

117

113.

Auctioneers

118

114.

Attorney at Law

119

115.

Bank Cashiers

121

116.

Shipmasters

122

Chapter X. Contract of
Agent in Behalf of Undisclosed Principal

1. The Doctrine of Privity
of Contract

118.

General Statement of the Doctrine

124

119.

Application to Agency generally

126

120.

Application to Contract for Undisclosed Principal

127

121.

Suits against Undisclosed Principal

128

122.

Suits by Undisclosed Principal

130

123.

Parol Evidence Rule

131

2. Liability of an
Undisclosed Principal

124.

General Rule

132

125-128.

Exceptions

133

3. Rights of an Undisclosed
Principal

129.

General Rule

136

130-135.

Exceptions

137

Chapter XI. Admissions and
Declarations of Agent

136.

Object in proving Admissions

142

137.

When always Inadmissible

142

138.

When Admissible: General Rule

144

139.

When Admissible: Res Gestae

144

140.

Limitation of Rule: Adverse Interest

148

Chapter XII. Notice to
Agent

141.

General Statement of Rule

149

142.

Notice acquired during Transaction

150

143.

Notice outside of Transaction, but within General Scope of
Agency

150

144.

Notice before Agency begins

151

145.

General Qualifications

152

146.

Application of Rule to Corporations

154

147.

Notice to Sub-Agent

155

Chapter XIII. Liability of
Principal for Torts of Agent

1. Liability for Torts
Generally

148.

Non-contractual Obligations by Agency

157

149.

When Principal liable for Torts of Agent

158

150.

The Course of the Employment

160

2. Liability for Fraud of Agent

151.

Fraud generally

162

152.

Fraud in Relation to Agency

163

153.

Fraud for Benefit of Principal

164

154.

Fraud for Benefit of Agent

166

155.

Issue of Fictitious Stock Certificates

167

156.

Issue of Fictitious Bills of Lading

170

157.

Other Illustrations

171

3. Liability for Statutory Torts and Crimes

158.

Statutory Torts

172

159.

Crimes

173

4. Liability for Torts of Sub-Agent

160.

Torts of Sub-agents

174

5. Public Principals and Charities

161.

Exceptions to General Doctrine

175

Chapter XIV. Liability of
Third Person to Principal

1. Contractual Obligations

163.

Contracts by Agent

178

164.

Contracts in Name of Principal

179

165.

Contracts in Name of Agent

179

2. Quasi-Contract
Obligations

166.

Money Paid by Mistake

180

167.

Money Paid under Duress or Fraud

181

3. Tort Obligations

168.

Property diverted by Agent: General Rule

182

169.

Exceptions: Negotiable Instruments

182

170.

Exceptions: Indicia of Ownership

183

171.

Exceptions: Factors Acts

184

172.

Form of Action for Property or its Value

185

173.

Wrongs of Fraud and Malice

186

174.

Fraud in making Contract

186

175.

Collusive Fraud

187

176.

Interference with Agency

187

4. Trust Obligations

177.

Constructive Trusts

188

178.

Following Trust Funds

189

179.

Legal Remedies for Diversion of Trust Funds

190

PART IV. LEGAL EFFECT OF
THE RELATION AS BETWEEN THE AGENT AND THIRD PARTIES